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22 Jul 2024, 10:44 am by sinclair
Once your firm grows enough to warrant full-time help, you may be able to hire these freelancers as salaried employees. [read post]
27 Sep 2024, 12:30 pm by John Ross
But you'd be wrong, at least in the Eleventh Circuit, which earlier this year ruled (unpublished and per curiam) that FBI agents have the discretion to do anything or nothing at all when it comes to making sure they raid the correct house. [read post]
29 Jun 2023, 10:34 am by Eugene Volokh
" "[A] stockholder seeking to investigate wrongdoing must show, by a preponderance of the evidence, a credible basis from which the court can infer there is 'possible mismanagement as would warrant further investigation.' " This burden, though the lowest standard of proof in our law, is neither "a formality" nor "inconsequential. [read post]
12 Oct 2011, 7:45 am by John Elwood
United States, 11-5141, which involves whether the good-faith exception to the Fourth Amendment exclusionary rule applies when a search warrant fails to describe with particularity the items to be searched and seized but such information is contained in the warrant affidavit and application; the Court may be holding it for Messerschmidt v. [read post]
5 Jul 2012, 6:40 am by John Elwood
United States, 11-5141, which involves whether the good-faith exception to the Fourth Amendment exclusionary rule applies when a search warrant fails to describe with particularity the items to be searched and seized but such information is contained in the warrant affidavit and application; the Court may be holding it for Messerschmidt v. [read post]
2 Dec 2018, 2:49 pm by Omar Ha-Redeye
These circumstances may include (but are not limited to): (a) the likelihood and extent of any potential chilling effects; (b) the scope of the materials sought and whether the order sought is narrowly tailored; (c) the likely probative value of the materials; (d) whether there are alternative sources from which the information may reasonably be obtained and, if so, whether the police have made all reasonable efforts to obtain the information from those sources (Lessard factor 5); (e)… [read post]
18 Aug 2014, 8:45 am by Wells Bennett
Significant protections will be applied to data searches. [read post]
2 Mar 2020, 11:30 am by Christopher Tyner
  The court “recognize[d] that the potential for parole constitutionally cannot be illusory for offenders sentenced to life with the possibility of parole and noted that the defendant was not precluded from raising such claims at a later date, in the event they become ripe for resolution. [read post]
30 Oct 2007, 1:37 am
Yamba, No. 06-2581"A Terry search cannot purposely be used to discover contraband, but it is permissible that contraband be confiscated if spontaneously discovered during a properly executed Terry search. [read post]
27 May 2019, 6:05 am by Michael Geist
We don’t actually have a right to a broad right of privacy that’s contained in that in the Canadian Charter of Rights and Freedoms there’s a right to be free from unreasonable search and seizure so there’s a search and seizure related privacy right that comes up in a number of different contexts mostly related to law enforcement. [read post]
8 Dec 2020, 5:01 pm
Sally Rand, 'Fan Dance' 1942 It has been quite some time since I considered the ongoing and slow motion--and well curated--theatre that has been the search for the causes of so-called Havana Syndrome (last discussion at The Affair of the Sonic Weapons Attack: The Mystery that is at its Most Useful When it Remains Unresolved). [read post]
8 Dec 2021, 12:31 pm by Shea Denning
The Court then concluded that exigent circumstances existed as the officer did not have time to obtain a search warrant given the extent of the defendant’s injuries; indeed, the hospital postponed administering necessary pain medication to the defendant until after the State withdrew his blood. [read post]
15 Jun 2022, 4:20 am by Emma Snell
Coeur d’Alene police officers are still executing search warrants and gathering evidence against the suspects, who are charged with conspiracy to riot, Police Chief Lee White said at a press conference. [read post]
13 May 2022, 4:36 am by Bernard Bell
  The Court “assume[d] without deciding that the first factor would weigh in Vaz’s favor. [read post]
22 Jul 2021, 6:09 am by Jonathan Holbrook
The victim’s medical treatment was relatively brief, and the trial testimony indicated that the victim’s facial fractures were less serious and less painful than a broken arm, an injury which past cases have held warranted submitting the lesser offense to the jury. [read post]